侵犯企业国有资产犯罪研究

An Analysis on Crimes against State-Owned Assets in Enterprises

目前侵犯企业国有资产犯罪有着特殊的体制背景和制度背景。由于国家所有权固有的特性导致国有资产管理与运营责任主体虚位,加之市场化、现代化转型中,法律体系建设与法制统一建设存在缺失弱化了刑罚功能的发挥,而道德与财产观念的嬗变不能及时回应社会发展与制度的变迁,侵犯企业国有资产犯罪呈现难以遏制的发展趋向。通过立法明确责任主体及其责任,完善国有资产刑事立法保护体系,辅之以财产观念与公益观念的重塑,是预防侵犯企业国有资产犯罪的现实选择。

Crimes against state- owned assets in enterprises are set in the background of special systems in present. Because the inherent characteristics of state ownership lead to the absenee of liability subjects in the management and operation of state - owned assets, because the penal funetions have been weakened by the ineffieient construetion of both legal systems and legal unification in the process of market- oriented reform and modernization, and because the eonceptions on moralities and properties can not give a quick response to the develolpment of society and the changes of systems, crimes against state - owned assets in enterprises tend to increase. For the prevention of crimes against state - owned assets in enterprises, it is a realistic choice to make clear the liability subjects and their liabilities by legislation, perfecting the criminal legislative protection system, and to recast the conceptions on properties and public interests as an additional measure.